Bombay High Court
Harsh @ Babu Harish Ruman S/O ... vs Kavitadevi W/O Gurumukhdas ... on 27 April, 2022
Bench: Avinash G. Gharote
(1) 52.revn.17.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL REVISION APPLICATION NO.17 OF 2020
Harsh @ Babu Harish Kumar s/o Gurumukhdas Sachdev
Vs.
Kavitadevi wd/o Gurumukhdas Sachdev
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S. G. Karmarkar, Advocate for applicant.
Mr. P. S. Tidke, Advocate for non-applicant.
CORAM : AVINASH G. GHAROTE, J.
DATE : 27/04/2022
Mr. Karmarkar, learned counsel for the
applicant submits that there is no neglect or refusal to
maintain non-applicant on part of the applicant, and the
non-applicant is residing in a separate portion of the
same house, considering which, the judgment dated
15.11.2019 passed by the learned Family Court, Nagpur
granting maintenance at the rate of Rs.25,000/- per
month to the non-applicant, who is the mother of the
applicant, is claimed to be not unsustainable in law.
Reliance is placed upon Sumanbai Ramesh Garje Vs.
Ramesh Dagadu Garje, 2014 ALL MR (Cri.) 3710 and
Mammad Kunhi Vs. Rukhiya, 1978 Cri.L.J. 1645. He
therefore submits, that the impugned judgment is liable
to be quashed and set aside.
2. Mr. Tidke, learned counsel for the
non-applicant submits that the non-applicant being
(2) 52.revn.17.2020
mother, is liable to be maintained by the applicant, who
is her son. The non-applicant is not having any source of
income and the impugned judgment is correct and
proper.
3. The relationship between the applicant and
the non-applicant is of son and mother, which is not
disputed. It is not disputed that the husband of the non-
applicant Gurumukhdas Sachdev passed away on
14.01.2016 and has left behind substantial immovable
properties, one of them being Nazul Plot No.229 and the
house constructed thereupon in Ward No.58, Jaripatka,
Nagpur, which has been bequeathed with life interest to
the non-applicant. It is not in dispute that the applicant
is residing in a portion of the house, in which life interest
has been bequeathed to the non-applicant. Thus, the
portion of the house, in which the non-applicant has life
interest is being used by the applicant without payment
of any license fee or any amount. The impugned
judgment indicates that the non-applicant - mother,
who is around 65 years of age has no source of income,
as against which, the grain business as well as the shop
No.10 in building No.12 in Kalamna Market from where
it was run by late Gurumukhdas is now being run by the
present applicant, considering which, I do not find any
infirmity in the impugned judgment, which has awarded
the maintenance to the non-applicant - mother and so
also the quantum. Though, reliance has been placed
(3) 52.revn.17.2020
upon Sumanbai Ramesh Garje and Mammad Kunhi
(supra), the fact situation there is totally different, than
what is extant in the present one in as much as the
applicant - son is occupying the major portion of the
premises, in which a life interest has been bequeathed to
the non-applicant. Had the applicant vacated the portion
occupied by him, then perhaps the non-applicant could
have let it on hire so as to make some earning to sustain
herself. There is therefore, no merits in the application,
the same is dismissed.
4. Needless to say that the arrears of
maintenance, shall be cleared of by the applicant within a
period of one month from today.
5. The application is therefore, dismissed.
Criminal Application (APPR) No.50 of 2022
6. This Application filed by the non-applicant
to withdraw an amount of Rs.2,00,000/- (Rupees Two
Lakhs) deposited in this Court, is allowed.
The Criminal Application is disposed of.
JUDGE
Sarkate
Digitally signed byANANT R
SARKATE
Signing Date:28.04.2022
16:12
